Department of Fair Employment and Housing.

Existing law, the California Fair Employment and Housing Act (FEHA) , establishes the Department of Fair Employment and Housing (DFEH) within the Business, Consumer Services, and Housing Agency, under the direction of the Director of Fair Employment and Housing, to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. The FEHA makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the DFEH. The FEHA requires the DFEH to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the DFEH to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. With regard to unlawful employment practices, if conference, conciliation, mediation, or persuasion fails and the DFEH has required all parties to participate in a mandatory dispute resolution, as specified, the FEHA authorizes the director, in their discretion, to bring a civil action in the name of the DFEH on behalf of the person claiming to be aggrieved. With regard to housing discrimination, if conference, conciliation, mediation, or persuasion fails and the DFEH has required all parties to participate in a mandatory dispute resolution, as specified, the FEHA requires the director to bring a civil action in the name of the DFEH on behalf of the person claiming to be aggrieved. This bill would provide that, by performing the functions and duties and exercising the powers set forth in the FEHA, the DFEH represents the interests of the state and effectuates the declared public policy of the state to protect and safeguard the rights and opportunities of all persons from unlawful discrimination and other violations of the FEHA and that this statement is declarative of existing law as stated in specified case law. The bill would specify that the DFEH is acting in the public interest in bringing these civil actions.